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Guwahati High Court

GST, Police & Custom Authorities to take their respective decisions: HC

November 25, 2019 882 Views 0 comment Print

Samsir Uddin Vs State of Assam (Gauhati High Court) In the instant case, the documents made available on record so far as it relates to violation of the provisions of the AGST Act are not being relied upon by the respondents to indicate any such violation of the provisions of the AGST Act. What is […]

HC allows petitioner to file TRAN-2, not filed due to technical glitches

September 19, 2019 1329 Views 0 comment Print

M/s. Baril Marketing Pvt. Ltd. Vs Union of India and 5 Ors. (Gauhati High Court) This Court is of the view that if there is a provision made for filing returns electronically and if because of certain technical glitches uploading could not be done in time, on that ground the concerned individual or firm ought […]

HC dismisses petition challenging Jurisdiction to recover Service Tax demand

October 17, 2018 5238 Views 0 comment Print

Laxmi Narayan Sahu Vs Union of India & Others  (Gauhati Cigh Court) Issue Raised Before High Court In all the writ petitions, the demand-cum- show cause notices of various dates issued by the Assistant Commissioner, Central Goods and Service Tax of the district of Dibrugarh and Guwahati respectively are assailed. The said demand-cum-show cause notices are […]

Consider Extending Tax Audit Due Date to 31.12.2018: Gauhati HC

October 12, 2018 35466 Views 12 comments Print

Gauhati High Court has instructed CBDT to Consider Representation filed by Tax Bar Association on or before 25.10.2018 by which they requested to extend the Tax Audit Due Date to 31.12.2018.

HC admits Petition challenging GST on processed Tea loading packing warehousing etc.

May 23, 2018 1803 Views 0 comment Print

Guwahati Tea Warehousing Association has filed a Petition in Gauhati High Court against imposition of Goods and Services Tax (GST) on loading, packing, warehousing, etc of processed tea. Case was admitted for hearing on 23.05.2018.

Gauhati HC declined to Grant bail to accused in Bribery Case involving CIT

May 3, 2018 2967 Views 0 comment Print

The investigating officer has objected to granting bail on the ground that further investigation is required to ascertain the source of huge money handed over to Ramesh Goenka through Pranjal Sarma. Investigation is being carried out to ascertain the mode of transfer of the bribe to the Income Tax Commissioner and how the part of the bribe was shared with other accused and as such release of accused at this stage may hamper the investigation.

No Jurisdiction to issue Service Tax demand notice Post GST Rollout? HC Stays Demand

December 20, 2017 7050 Views 2 comments Print

It was argued that govt does not have any jurisdiction to enter into an inquiry in respect of the subject matter of the notice and as such the impugned notice was wholly without jurisdiction.

GST: Unauthorised search and seizure by BIEO, HC grants interim relief

August 16, 2017 2622 Views 0 comment Print

M/s. Kumar Traders And Company & Anr. Vs. State Of Assam (Gauhati High Court) This case was adjourned on 9.8.2017, to enable the learned Govt. Advocate to receive instruction on the circumstances under, which the team from the Bureau of Investigation for Economic Offences (BIEO) had raided the Amingaon godown of the petitioners, where areca […]

Truck terminus cannot be treated as building for providing resting /toilet facility

May 11, 2017 1338 Views 0 comment Print

Gotanagar Truck Terminus is a plant and not building, for the purpose of claiming depreciation under Section 32 read with Section 43 of the IT Act. Consequently the assessee is held entitled to depreciation at the rate of 25% as prescribed for plant and not at 10%, as applicable for building.

In absence or Provisions in Income Tax addition for Notional Interest not justified

May 15, 2015 1618 Views 0 comment Print

The case of the assessee is that they did not charge interest on that advance and in consideration of the same the assessee got the premises it a very low rent of rupees two per sq feet in a prime locality of Calcutta.

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